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[Ozzie]

I have still have not received notice that they have decided to Subpoena BlackSDA documents as they said they were going to do. Did they forget to serve a copy upon us? 

Anyone else hear anything about this brewing battle?

Maybe Ian has an update for us?

Gailon Arthur Joy

With the information requested by the subpoena to Bluehost provided by Bluehost to 3ABN lawyers some time ago, what can we conclude if BlackSDA info is not being followed up on?

What about the public defender lawyer (is that the correct term?) for first ammendment rights?

Is this additional information besides the original data requested on the list of BlackSDA posters?

What information exactly, did they get from Bluehost?

[Artiste]

And keep in mind, now that the Judge has ordered the production of the bank statements, add this to the Auditors paperwork and then the documents from
Remnant and we will have a pretty complete picture including where to find that $10,000 check they keep insisting never happened that went to Tommy Shelton. That is the one we have statements from three people claiming it happened, one actually saw the original check. The most important reason to produce it is that it goes to the credibility of the plaintiffs and Tommy Shelton.

Gailon Arthur Joy

**************************************************

Yes, that certainly would damage their credibility!

[Gailon Arthur Joy]

I have still have not received notice that they have decided to Subpoena BlackSDA documents as they said they were going to do. Did they forget to serve a copy upon us? 

Anyone else hear anything about this brewing battle?

Maybe Ian has an update for us?

Gailon Arthur Joy

With the information requested by the subpoena to Bluehost provided by Bluehost to 3ABN lawyers some time ago, what can we conclude if BlackSDA info is not being followed up on?

What about the public defender lawyer (is that the correct term?) for first ammendment rights?

Is this additional information besides the original data requested on the list of BlackSDA posters?

The Blue Host material was given before there was a chance to challenge. Blue Host will have to deal with any consequences regarding their rather pre-emptory compliance and breach of confidentiality.

I am not privy to what Public Citizens is doing as we are not parties. I have heard they were not happy with the subpoena to Blue Host or to Black SDA and understood they were seriously considering taking action. All this is tertiary information, again as we are not parties. BUT WE WILL BE CHEERING THEM ON!!!

BlackSDA was issued two defective Subpoena's. Each was withdrawn. They then gave us notice that they were going to issue a third and an Objection was raised. They declared their intention to proceed with yet a third subpoena, but we have not been noticed of a third subpoena.

I understand that if one is issued then a battle royal will ensue. Perhaps Calvin could shed further light on this issue.

Gailon Arthur Joy

[Artiste]

Just wondering if Public Citizens is following up on anything after the first contacts.

Does anyone else have information on that?

[Snoopy]

Just wondering if Public Citizens is following up on anything after the first contacts.

Does anyone else have information on that?

They are.

[Johann]

Just wondering if Public Citizens is following up on anything after the first contacts.

Does anyone else have information on that?

It will be interesting to watch the development, and see what Public Citizen will accomplish.

They are.

[ex3abnemployee]

I have not contacted Public Citizen, nor do I intend to, but I am behind their efforts 110%.

This gets more ridiculous by the day. More publicity may be needed to bring a stop to it.

[Gailon Arthur Joy]

I have not contacted Public Citizen, nor do I intend to, but I am behind their efforts 110%.

This gets more ridiculous by the day. More publicity may be needed to bring a stop to it.

DId the Illinoisan run the Tax Appeal Article yet?

GAJ

[ex3abnemployee]

I have not contacted Public Citizen, nor do I intend to, but I am behind their efforts 110%.

This gets more ridiculous by the day. More publicity may be needed to bring a stop to it.

DId the Illinoisan run the Tax Appeal Article yet?

GAJ

I'm on the road through the week so I'm not 100% sure, but I don't think so. I'll try to find out.

[Fair Havens]

[quote author=Gailon Arthur Joy link=topic=184.msg3131#msg313.

I understand that if one is issued then a battle royal will ensue. Perhaps Calvin could shed further light on this issue.

Gailon Arthur Joy

[/quote]

I say this with tongue very much in cheek. Is it good strategy to reveal 'your' tactics to the en e me? I mean 'your' not Public Citizen, but shouldn't you let a surprise or two be sprung  on the adversary?

[Snoopy]

[quote author=Gailon Arthur Joy link=topic=184.msg3131#msg313.

I understand that if one is issued then a battle royal will ensue. Perhaps Calvin could shed further light on this issue.

Gailon Arthur Joy

I say this with tongue very much in cheek. Is it good strategy to reveal 'your' tactics to the en e me? I mean 'your' not Public Citizen, but shouldn't you let a surprise or two be sprung  on the adversary?
[/quote]

I think the springer has already sprung.

[calvin]

I have still have not received notice that they have decided to Subpoena BlackSDA documents as they said they were going to do. Did they forget to serve a copy upon us? 

Anyone else hear anything about this brewing battle?

Maybe Ian has an update for us?

Gailon Arthur Joy

The promised subpoena has not served on me....and I don't draw any conclusions from that, not yet.

[Johann]

Does that preclude Public Citizen from getting involved? Or is the presence of Public Citizen preventing the subpoenas from being re-served?

[Gailon Arthur Joy]

[quote author=Gailon Arthur Joy link=topic=184.msg3131#msg313.

I understand that if one is issued then a battle royal will ensue. Perhaps Calvin could shed further light on this issue.

Gailon Arthur Joy

I say this with tongue very much in cheek. Is it good strategy to reveal 'your' tactics to the en e me? I mean 'your' not Public Citizen, but shouldn't you let a surprise or two be sprung  on the adversary?
[/quote]

If the information is worth having, any battle and any casualties are worth the goal. If not, then one may want to consider carefully just how much one will pay for nothing.

That is for the "en e me" to decide. The fact that we ceded the field of battle on this issue left a clear message: "auctung minen"...and now they must find a way through or around the minefield.

It will be worth watching how an intimidation move comes back to haunt them. If I were they, I would find another way to get the information I want or come up with another intimindation tactic, such as simply filing John Doe and Jane Doe cases to get the information...so much more intimidating,  although fraught with certain risks.

Gailon Arthur Joy

[Cindy]

I would also encourage you to check with other independant ministries and ask them if you can see their books and also report their answers back here...

Mr Joy, who as we know has a proven, not 'alleged" history of financial impropriaties (embezzlement) has so far refused to open his books up too...

I would encourage you to ask him why he doesn't lead by example and be "open and transparent" with his donors, (re Pickle- Joy defense fund) and do so.

For it appears from PACER documents, that after already being found in contempt once, he again disobeyed a court order and was less than forthcoming and prevented the 2004examination the court ordered from proceeding...

5. Furthermore, pursuant to an Order of the Court entered on March 3, 2008,
3ABN issued a Subpoena to the Debtor regarding the production of documents
and to conduct a Rule 2004 Examination. That Examination was scheduled for April 15, 2008. Notwithstanding that the Subpoena requested that documents were to be produced several days earlier, the Debtor did not produce any documents until he arrived for the April 15th Examination. Furthermore, 3ABN states that the documents the Debtor did produce were minimal and not responsive to the scope of the request. Accordingly, as 3ABN did not have any substantive documents to review, the Examination did not go forward.
3ABN is exploring its options with respect to its perception regarding the
Debtor's lack of cooperation, and the rescheduling of the Rule 2004
Examination....

Bob Pickle replies:
So are statements by 3ABN attorneys credible? Can you prove that they are?

Is this case the adversarial proceeding or the ch. 7 bankruptcy?

They seem to be very credible, as Joy testifies to himself below... And I already answered that question and provided the proof of all this previously... as is posted below...

I wonder if anybody will be informed if and when the subpoena info is sent out by BlueHost.

I wonder if I will be informed that subpoenas were issued???

Gailon Arthur Joy

 

Filed and entered: March 13, 2008

In re ) Chapter 7, No. 07-43128-JBR

GAILON ARTHUR JOY, Debtor

Adv. Proceeding No. 07-4173

GAILON ARTHUR JOY, Plaintiff

VS

 THREE ANGELS BROADCASTING NETWORK, INC., DANNY LEE SHELTON, JOHN P. PUCCI, ESQ., 

GERALD S. DUFFY, ESQ., FIERST, PUCCI & KANE, LLP, and SIEGEL BRILL GRUEPNER DUFFY & FOSTER, P.A, Defendants

2. Pursuant to an Order of this Court dated March 3, 2008 authorizing 3ABN and Shelton to conduct a Rule 2004 Examination of the Plaintiff (who is also the Debtor in the underlying Chapter 7 case), 3ABN and Shelton have issued a Subpoena for the production of documents and other information and to conduct a Rule 2004 Examination. That Examination is currently scheduled to take place on April 15, 2008.  --

PACER Court Docket Entry:
"70 -- Filed & Entered:  03/03/2008  Order on Motion for Examination
Docket Text: Endorsed Order Dated 3/3/08 Granting [69] Motion filed by Creditor Three Angels Broadcasting Network, Inc. for 2004 Examination of Gailon Arthur Joy. ALLOWED.
NO OBJECTIONS FILED. (mbd, USBC)"


Document 69:

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF MASSACHUSETTS


_______________________________ )

In re ) Chapter 7, No. 07-43128-JBR

)

GAILON ARTHUR JOY )

)

Debtor )

)



MOTION OF THREE ANGELS BROADCASTING NETWORK, INC.

FOR AN ORDER AUTHORIZING AND COMPELLING EXAMINATION OF GAILON ARTHUR JOY UNDER FEDERAL RULE OF BANKRUPTCY PROCEDURE 2004



To the HONORABLE JOEL B. ROSENTHAL, Bankruptcy Judge:


Now comes Three Angels Broadcasting Network, Inc., (“3ABN”), a creditor and party in interest, and hereby moves this Court for the entry of an Order authorizing 3ABN to conduct an examination of Gailon Arthur Joy (“Debtor” or “Joy”) pursuant to Federal Rule of Bankruptcy Procedure 2004 and compelling the Debtor to participate in such an examination. In support thereof, 3ABN represents as follows:

1. The above-referenced Debtor filed a Voluntary Petition in Massachusetts seeking relief under the provisions of Chapter 7 of the Bankruptcy Code on August 14, 2007 (“Petition Date”).


2. Janice G. Marsh is the duly appointed Chapter 7 Trustee in this case and continues to serve in that capacity.


3. On April 6, 2007, 3ABN and one of its founders, Danny Lee Shelton (“Shelton”), commenced an action in the U.S. District Court for the District of Massachusetts entitled Three Angels Broadcasting Network, Inc., an Illinois non-profit corporation and Danny Lee Shelton v. Gailon Arthur Joy and Robert Pickle, which case is pending as Case No. 4:07-cv-40098-FDS (“Civil Action”). As stated in more detail in other pleadings previously filed in this case, 3ABN is an entity founded in Illinois in the mid 1980’s to operate and manage a Christian television and radio broadcast ministry. 3ABN’s slate of programming includes both spiritual and lifestyle presentations, and it has a ministry focus of “Mending Broken People”.


4. Over the past two decades, 3ABN has spent enormous resources to promote its message and publicizing itself though advertising, live events, direct mail campaigns, and group presentations. The result of this effort is that 3ABN is now one of the larger Christian networks in North America, broadcasting 24 hour television and radio programming to viewers and listeners that are estimated to number well into the millions. In addition to its headquarters in Illinois, it also operates facilities in Russia, the Philippines and New Guinea.


5. In order to provide its programming, to retain current viewers and listeners and to attract new ones, 3ABN depends on its reputation and goodwill. Most of its operations are funded by the donations of viewers and supporters.


6. To help protect this reputation and goodwill, 3ABN has registered “3ABN” and “Three Angels Broadcasting Network” as trademarks with the U.S. Patent and Trademark Office. Additionally, 3ABN also has a significant internet operation, primarily through its website, www.3abn.org (targeting North American audiences), and through secondary websites www.3abnaustralia.org.au (for Australia) and www.3angels.ru (for Russia). These websites offer pastoral support, streaming audio and video programming and information about 3ABN’s mission and operations. Visitors to the websites can also purchase books and recordings produced by 3ABN and can make donations to its ministry.


7. In order to protect its trademarks and to use the 3ABN marks on the internet, 3ABN has registered over 3 dozen domain names, all of which contain the “3ABN” trademark, including but not limited to 3ABN.com, 3ABN.org, 3ABN.tv, 3ABNtelevision.com, 3ABNradio.com, 3ABNmusic.com, 3ABNbooks.com, 3ABNtv.com, and 3ABNtv.org.

8. In January 2007, 3ABN discovered that the Debtor had registered the domain name “save3ABN.com”. In March 2007, 3ABN further discovered that the Debtor had registered the domain name “save3ABN.org” and that the website at www.save3ABN.org directs visitors to the www.save3ABN.com website. These two websites that the Debtor has registered were not listed as assets in his bankruptcy schedules.


9. According to 3ABN, the website at www.save3ABN.com contains information that is antithetical to 3ABN’s message, and contains gross misstatements of fact concerning 3ABN’s actions and operations, and contains baseless and untrue allegations of criminal conduct by 3ABN, Shelton and persons involved with 3ABN, and also contains disparaging characterizations of 3ABN, its broadcast network and Shelton. 3ABN has also maintained that the Debtor embedded these websites with the metatags “3ABN”, “3-ABN”, and “Three Angels Broadcasting Network”, which are words and phrases used by internet search engines to locate websites that use 3ABN trademarks.


10. In the Civil Action, 3ABN alleges that the save3ABN.com and save3ABN.org domains and websites, as well as the use of the metatags as described above, incorporate 3ABN’s trademark that it has used continuously for over 20 years in connection with its ministry, broadcasts and audio and video programming, and as such, infringes on those trademark rights. Additionally, the Debtor’s statements on his website about 3ABN and Shelton are defamatory in nature.


11. On November 21, 2007, this Court allowed 3ABN’s Motion for Relief from Stay permitting 3ABN to, among other things, seek injunctive relief in the Civil Action to prevent the Debtor from continuing to use the 3ABN.com and 3ABN.org domains and websites, from continuing to defame and disparage 3ABN and Shelton, and from continuing to interfere with 3ABN’s business.


12. As disclosed to the Court in connection with the January 31, 2008 hearing in this case that took place on the sale of the domain names 3ABN.com and 3ABN.org from the Trustee to 3ABN, it appears that the domain names may have been transferred to entities controlled by Robert Pickle, the Debtor’s co-defendant in the Civil Action. 3ABN and Shelton believe that the Debtor and Mr. Pickle are acting in concert with respect to the various violations asserted by 3ABN and Shelton in the Civil Action.


13. Given the above-described circumstances concerning the Debtor’s ownership and alleged transfer of the domain names, 3ABN and Shelton request authority to examine the Debtor pursuant to Rule 2004 of the Federal Rules of Bankruptcy Procedure concerning his past and present ownership of any assets, claims and property rights, including domain names.



14. Pursuant to Federal Rule of Bankruptcy Procedure 2004, the Court may authorize the examination of any person on all matters pertaining to the conduct, property, liabilities and financial condition of the Debtor, or any matter which may affect the administration of the Debtor’s estate.


15. 3ABN believes that it is essential that it be authorized to examine Gailon Arthur Joy, and that he be ordered to produce documents in connection with that examination, so that 3ABN and any other party in interest, including the Chapter 7 Trustee, can:


(a) determine the status and history of the ownership by the Debtor of any assets, including internet domain names;


(b) assess the value of any assets owned, controlled or formerly owned or controlled by the Debtor;


(c) determine the extent of any transfers between the Debtor and any other parties, to assess whether the estate has any avoidance of other rights arising from said transfers; and


(d) obtain information on any other matter, including, but not limited to, past, present and anticipated income sources.


The documents, data, and information that will be requested will include, but are not limited to, the categories of items described on the attached Exhibit “A”.


16. If the relief requested herein is granted, 3ABN shall extend an invitation to the Chapter 7 Trustee to participate in any examination to be conducted. 3ABN will assume the financial responsibility of transcription and other expenses associated with the examination with the exception of those incurred by the Debtor. Furthermore, 3ABN proposes that such examination take place at the offices of Hendel & Collins, P.C., 101 State Street, Springfield, Massachusetts.


WHEREFORE, 3ABN respectfully requests the entry of an Order authorizing and compelling the immediate examination of the Debtor and directing the Debtor to produce documents, data and information to be requested by 3ABN which shall pertain to the Debtor’s financial affairs, including, but not limited to, the categories of items described on the attached Exhibit “A”.


THREE ANGELS BROADCASTING NETWORK, INC.


Dated: February 15, 2008

By: /s/ George I. Roumeliotis

JOSEPH B. COLLINS, ESQ.

(BBO#092660)

GEORGE I. ROUMELIOTIS, ESQ.

(BBO#564943)

For HENDEL & COLLINS, P.C.

101 State Street

Springfield, MA 01103

Tel. (413) 734-6411

groumeliotis@hendelcollins.com






Y:\uSERS\clIENT\three\Motion for Rule 2004 exam.doc



Exhibit “A”


Document, Data and Information Categories


1. Any and all documents, data and information, whether in paper or electronic form, in the Debtor’s possession, custody or control that identify or relate to the ownership, registration, hosting, billing, appraisal, value or transfer of, or relationship among, any internet domain names ever registered in the name of the Debtor or Robert Pickle, or any entity of which the Debtor or Robert Pickle is or was a shareholder, officer or director. Such internet domain names include, but are not limited to “save3abn.com”, “save3abn.org”, “save-3abn.com”, “save-3abn.org” and the information sought includes data relating to the pointing by one or more of said domain names to any other domain names or websites.


2. Any and all documents, data and information, whether in paper or electronic form, in the Debtor’s possession, custody or control that identify or relate to the ownership, transfer, appraisal or value of any real estate ever owned by the Debtor or any business or entity of which the Debtor is or was a shareholder, owner, officer or director.


3. Any and all documents, data and information, whether in paper or electronic form, in the Debtor’s possession, custody or control that identify or relate to the ownership or transfer of any bank, brokerage, financial, or retirement accounts ever owned by the Debtor or any business or entity of which the Debtor is or was a shareholder, owner, officer or director.


4. Any and all documents, data and information, whether in paper or electronic form, in the Debtor’s possession, custody or control that identify or relate to the ownership, operation, value or appraisal of any businesses, whether incorporated or not, in which the Debtor has or had any ownership, beneficial or equity ownership, or of which the Debtor is or was an officer or director, including, but not limited to, appraisals, financial statements, closing statements, invoices, check registers, bank account statements, balance sheets, and reports.


5. Federal and state tax returns for the 2005 and all subsequent tax years prepared or filed by the Debtor and/or any business or entity in which the Debtor is or was a shareholder, owner, officer or director.


6. Any and all documents, data and information, whether in paper or electronic form, in the Debtor’s possession, custody or control that describes or evidences any income or gifts received by the Debtor from any and all sources from January 1, 2005 to the present, and that describes or evidences any income or gifts that the Debtor anticipates receiving in the future.


7. Any persons known to the Debtor to have knowledge of, or who have participated in, any transfer or registration of any of the assets (including domain names) or who may have copies of any documents described in Categories 1 through 6 above.

Would you like me to post what I gave to the miscreants who pretend they have standing as CREDITORS? I should be most happy too...Best defined as proof prima faciae that I have nothing to hide. I'll even post my responses if you feel it would be valuable to your argument. ANd why have you not? Afraid of the contents?

In fact, after reviewing the documents provided, your grand legal team was questionless and seemed completely stuck on the unavailability of bank statements but did include a complete ledger going back three years. You want bank statements, do what we did and subpoena them from the bank, that's what we did and Danny's bank has an order to produce. They fought and lost, due to that Rule 45...try it, you may like it.

And, explain to me why after spending an hour and a half of reviewing documents the best they could do was not ask a single question?  With all those documents and not a single question? After all it was a 2004 Examination...you know, where a CREDITOR gets to conduct an examination to see if he can find additional assets. Assets that were supposedly hidden. Something your side is pretty good at. And something we are pretty good at tracking.

All those millions on your team amd you couldn't find anything else? Maybe because it simply does not exist and is a waste of your time and legal fees. So, keep up the great work, super slooths!!!

But why should they have to issue a subpoena to Joy's bank, when they already issued a subpoena to Joy, and their motion and all  including his bank statements was ordered by the court???

Isn't it obvious Joy has only contempt for the attorneys the subpoena and the Judge and the court order?

It is to me...